Kansas Supreme Court to Rule on Damages Cap

TOPEKA, Kan. (AP) – Business, medical and advocacy groups are awaiting a decision from the Kansas Supreme Court on whether the state can continue to limit damages in lawsuits for pain and suffering.

The justices planned to rule Friday in the appeal of Amy Miller, a resident of the northeast Kansas town of Eudora. She sued her doctor after having the wrong ovary removed during a surgery in 2002.

Miller’s case represents the most serious legal challenge in more than two decades to the 1988 law. It sets a $250,000 cap on non-economic damages in personal injury lawsuits, including medical malpractice.

A Douglas County jury awarded Miller almost $760,000 in 2006, including $400,000 for non-economic losses. The judge reduced that part of the award to $250,000.

Miller’s attorneys believe the cap is unconstitutional.

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